CTU v NSW Police Force [2017] NSWCATAD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CTU v NSW Police Force [2017] NSWCATAD 204 Hearing dates: 18 April 2017 Date of orders: 23 June 2017 Decision date: 23 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The Tribunal decides not to take any action on the matter. Catchwords: ADMINISTRATIVE LAW – Privacy – Police exempt from compliance with information protection principles except in relation to their administrative and educative functions – Whether provision of criminal history information for routine criminal history check or national police certificate is an administrative function ADMINISTRATIVE LAW – Privacy – Where Police held applicant's personal information in the form of his criminal history – Where applicant claimed that his only conviction was a spent conviction – Where police provided information about the conviction to third parties as part of a routine criminal history check and police check - Whether Police failed to check accuracy of applicant's personal information before use – Whether conviction was spent as claimed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Records Act 1991 (NSW) Police Act 1990 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Cases Cited: AEC v Commissioner of Police, NSW Police Force [2013] NSWADTAP 30 AEC v NSW Police Force [2013] NSWADT 32 AEZ v Commissioner of Police. NSW Police Force (No 2) [2013] NSWADT 91 Amado v R [2011] NSWCCA 197 Commissioner of Police, New South Wales Police Force v YK [2008] NSWADTAP 78 HW v Commissioner of Police, New South Wales Police Service [2003] NSWADT 214 New South Wales Aboriginal Land Council v Minister Administering the Crown Lands Act [2016] HCA 50, (2016) 91 ALJR 177 Porter, Application under the Superannuation Industry (Supervision) Act 1993 [2012] FCA 1431 Re Mottaghi and Migration Agents Registration Authority (2007) 98 ALD 424 Waterman and Minister for Immigration and Border Protection [2014] AATA 939 Western Australian Planning Commission v Southregal Pty Ltd [2017] HCA 7, (2017) 91 ALJR 369 Texts Cited: Macquarie Dictionary Online, ed Susan Butler, Macmillan Publishers Australia 2017 Category: Principal judgment Parties: CTU (Applicant) NSW Police Force (Respondent) Representation: Counsel: M Seck (Respondent)